U.S. Rep. Jaime Herrera Beutler is criticizing a decision by the Department of the Interior to promise the Cowlitz tribe of Washington State that it will put land into trust for a reservation.
The congresswoman points out that the legality of the land transfer has yet to be decided by a federal court.
Despite that complication the Department advised plaintiffs and the judge in the case that 151.87 acres in Clark County near La Center will be put into trust for the Cowlitz Indian Tribe sometime after January 21, 2015 or 30 days after the tribe wins a favorable court decision.
Beutler called the decision “premature” and said it has caused, “of concern and confusion in Southwest Washington.”
She added, “For this acquisition to take place while the court is still considering a case to determine whether the department even has the authority to take this land into trust is not only a major shift in the department policy, but also potentially a violation of federal law,” and concluded, “Why is the department so willing to deny my constituents their day in court?”
The tribe was granted federal recognition in 2000, the same year it applied to put land into trust. Supporters note that the tribe kept its identity and maintained a tribal government for a century without reservation land.
From the beginning its connection to the land has been challenged, by the city of Vancouver, Clark County and others.
The Bureau of Indian Affairs in 2010 put the land into trust, only to have that decision overturned in 2013, with the judge ordering the BIA to revisit the issue.
The Cowlitz tribe has been trying to get the right to build a casino in La Center for several years and Beutler has fought that effort all along the way. In a previous letter penned in 2011 she wrote, “This has been a highly controversial proposal from the beginning, in no small part because questions have been raised as to the tribe’s historical connection to Clark County. I would like to understand if the bureau is allowing a tribe to acquire land outside of its historical lands, and if so, under what authority.”
The land in question is 24 miles from the Cowlitz tribal offices.
However the federal judge rules in the case, it is likely to go the U.S. Supreme Court, which will get a chance to clarify its 2009 Carcieri ruling, which says that land cannot be put into trust by a tribe recognized after 1934.
The tribe and the state have signed a tribal state gaming compact that allows the tribe to operate two casinos, one with 75 tables, and the other with 50. It also authorizes up to 3,000 tribal lottery machines.
